common law

¹ American  

[kom-uhn law] / ˈkɒm ən ˈlɔ /

noun

1. the system of law originating in England, as distinct from the civil or Roman law and the canon or ecclesiastical law.

2. the unwritten law, especially of England, based on custom or court decision, as distinct from statute law.

3. the law administered through the system of courts established for the purpose, as distinct from equity or admiralty.

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common-law ² American  

[kom-uhn-law] / ˈkɒm ənˈlɔ /

adjective

1. of, relating to, or established by common law.

   a common-law spouse.

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common law British  

noun

1. the body of law based on judicial decisions and custom, as distinct from statute law

2. the law of a state that is of general application, as distinct from regional customs

3.  common-law.  (modifier) denoting a marriage deemed to exist after a couple have cohabited for several years

   common-law marriage

   common-law wife

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common law Cultural  

1. Law developed in the course of time from the rulings of judges, as opposed to law embodied in statutes passed by legislatures (statutory law) or law embodied in a written constitution (constitutional law). (See stare decisis.)

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Discover More

The importance of common law is particularly stressed in the legal system of Britain, on which the legal system of the United States is based.

Etymology

Origin of common law¹

Middle English word dating back to 1300–50

Origin of common-law²

First recorded in 1905–10

Example Sentences

Justice Elena Kagan said the administration was seeking to undo a legal tradition of birthright citizenship that dates back to English common law.

From BBC • Apr. 1, 2026

Misconduct in Public Office is part of England's "common law" - which means judges came up with it hundreds of years ago, rather than Parliament.

From BBC • Feb. 20, 2026

The English jurist’s “History of the Pleas of the Crown,” published posthumously in 1736, influenced the development of common law in England, the British colonies and, eventually, the United States.

From The Wall Street Journal • Jan. 2, 2026

"What concerns me a bit is you're encouraging us to adopt a common law rule that would essentially eliminate liability," Jackson said.

From Barron's • Dec. 1, 2025

Alabama and common law pleading, for instance, was a subject so ethereal in nature that Henry passed it only by memorizing the book.

From "Go Set a Watchman: A Novel" by Harper Lee